California State University. Memorandum of Understanding and Agreement For the Employment of University Students Who Have an Intern Credential

Transcription

1 California State University Memorandum of Understanding and Agreement For the Employment of University Students Who Have an Intern Credential This agreement is between the School District ( District ) and the California State University ( University ), who may be referred to collectively as the parties. This Agreement describes and confirms the expectations and responsibilities of the Parties regarding the Internship Program through which University students who hold an intern credential from the California Commission on Teacher Credentialing ( Paid Interns ) will gain experience in the public school setting. This agreement does not apply to unpaid service learning placements for un-credentialed University-enrolled students, or to student teacher placements that are part of a credentialing program. RECITALS University operates a program for the education and training of candidates pursuing a California Preliminary Education Specialist (Mild/Moderate and Moderate/Severe) Teaching Credential and Preliminary Multiple Subject Teaching Credential and/or Single Subject Teaching Credential with English Learner Authorization (ELA) and is accredited by the California Commission on Teacher Credentialing (CTC) with approval to offer intern options in these programs. The District is authorized under Education Code et seq., to cooperate with institutions of higher education in providing training and experience to credential candidates who hold an intern credential ( Paid Intern ).University employs one or more experienced credentialed teachers, administrators, or doctoral candidates who have agreed to provide direct classroom supervision and support to credential candidates and cooperating teachers. Such individuals may be referred to below as university supervisors. TERM OF THE AGREEMENT This Agreement shall remain in effect for a term of years beginning and ending, unless terminated sooner. Either party may terminate this Agreement on 30 days written notice to the other party; provided, however, that credential candidates shall be allowed to conclude any ongoing assignments. Performance under this Agreement shall be reviewed annually, and the parties may agree to annual extensions after expiration of the initial term. CTC REQUIREMENTS FOR SUPPORT AND SUPERVISION OF INTERN TEACHERS In 2013, the California Commission on Teacher Credentialing (CTC) adopted policies that specify the number of hours of general support and supervision, as well as additional specific English learner support and supervision, which must be provided to Paid Interns. The regulations (California Education Code 44321; 5 Cal. Code Reg ) were approved and made part of law effective Under the newly approved regulations, the University and District must ensure: A minimum of 144 hours per year (72 hours per semester) of support/mentoring and supervision must be provided to each Paid Intern including coaching, modeling, and demonstrating within the classroom, assistance with course planning and problem-solving regarding students, curriculum, and development of effective teaching methodologies. A minimum of two hours of support/mentoring and supervision must be provided to an intern teacher every five instructional days. (2/7/2018) page 1 of 5

2 The District must identify a mentor or other designated individual who meets the Commission s specified criteria prior to a Paid Intern assuming daily teaching responsibilities. An additional 45 hours per year (23 hours per semester) of support/mentoring and supervision specific to meeting the needs of English learners is required for a paid intern who enters the program without a valid English learner authorization listed on a previously issued Multiple Subject, Single Subject, or Education Specialist Teaching Credential or a valid English Learner Authorization or Cross-Cultural, Language and Academic Development (CLAD) Certificate. The additional hours of support can be provided by the credential program and/or the district employed mentor. The individual(s) providing this support must hold a valid California Teaching Credential with a valid English Learner Authorization or Cross-Cultural Language and Academic Development (CLAD) Certificate. DISTRICT AND SCHOOL ADMINISTRATOR RESPONSIBILITIES: Per California Education Code section 44462, meet the minimum salary specifications for an intern and reduce the intern s salary by up to one-eighth to offset intern support. 1. Prior to the Paid Intern s first day as teacher of record, provide each Paid Intern with a certified, experienced district-employed mentor/liaison who will work collaboratively with the University Supervisor to support the Paid Intern in achieving competency in the Teaching Performance Expectations. District will provide documentation of appropriate credentialing of districtemployed supervisor as needed. 2. Identify a District-employed supervisor who serves as an evaluator for the Paid Intern. 3. Provide new teacher orientation, on-going support and other clinical/professional experiences for Paid Interns teaching in the District s schools under the supervision of a district-employed mentor/liaison. 4. Provide release time for participation in district group/regional group meetings and professional development activities including time to observe other exemplar teachers teaching in their classrooms. 5. District will immediately notify University if the District has knowledge of or suspects any professional or ethical violations by a Paid Intern. University will cooperate with District in any investigation concerning the reported violation. 6. District will instruct intern in school policies regarding child abuse reporting, sexual harassment and professional conduct. UNIVERSITY DUTIES 1. University will work collaboratively with the District s HR department, school site administration, and staff in the assignment of the intern. 2. University will guarantee that Paid Interns have met California Commission for Teacher Credentialing (CTC) requirements for an intern credential (Certificate of Clearance, CBEST, subject matter competence, negative tuberculosis test, U.S. Constitution) and University requirements (satisfactory completion of course work that meets the CTC pre-service requirement, a copy of the district offer of employment) prior to recommending the candidate for an intern credential. 3. University will confer regularly with District and site administration and district-employed mentor/liaison through meetings, telephone calls, and/or University will immediately notify appropriate District and site administration if University administration has knowledge of or suspects any professional or ethical violations by a Paid Intern (2/7/2018) page 2 of 5

3 in the school. District will cooperate with University in any investigation concerning the reported violation. 5. University will guarantee that the Paid Intern and university supervisors have appropriate finger printing clearance. 6. University will instruct Paid Interns in state laws regarding child abuse reporting, sexual harassment and professional conduct. 7. University supervisors will conduct systematic and regular observations of Paid Interns performances in the District s classrooms. 8. University supervisors will confer regularly with district-employed mentor/liaison and with the site administration through meetings, telephone calls, and/or . UNIVERSITY SUPERVISOR AND DISTRICT-EMPLOYED MENTOR/LIAISON RESPONSIBILITIES 1. Collaborate to ensure that the Paid Intern receives a minimum of two hours of support/mentoring and supervision every five instructional days. 2. Collaborate to ensure that the Paid Intern receives specific support and supervision in addressing the needs of English Language Learners. 3. Use the list of activities that satisfy CTC support and supervision requirements to assist the Paid Intern in identifying and participating in a broad range of experiences to support his/her growth as a teacher. 4. Assist the Paid Intern in creating networks with faculty, staff, and administrators who can provide additional support. PAID INTERN RESPONSIBILITIES 1. Document required hours weekly using the University Intern Requirement Checklist. 2. Review the Intern Requirement Checklist with both the University Supervisor and Districtemployed mentor/liaison to ensure that he/she is receiving the required support/mentoring and supervision. 3. Submit signed Record at the end of each month to the University. DISTRICT DISCRETION It is at the sole discretion of the District to hire a University candidate for a Paid Intern position and to terminate the assignment in accordance with District policies and procedures. The District will notify the University of any review that could result in termination. The University will notify the CTC to withdraw the intern credential of a Paid Intern who is terminated by the District. LIABILITY INSURANCE & WORKERS COMPENSATION The University shall take out and maintain a "claims-made" policy of general liability and professional liability insurance (including personal injury with limits not less than $1 million per loss and damage to property of others up to $5,000 per incident), with extended reporting period of three (3) years, covering Paid Interns, and naming District as an additional named insured under such insurance policy or policies. Further, University agrees to maintain professional and comprehensive general liability insurance with no exclusion for molestation or abuse at a minimum of Five Million Dollars ($5,000,000) per occurrence and Twenty Million Dollars ($20,000,000) in aggregate throughout the course of this Agreement. (2/7/2018) page 3 of 5

4 Further, University shall provide written notice that should any of the above described policies be cancelled before the expiration thereof, notice will be delivered in accordance with the policy provisions. University also agrees to maintain statutory Workers' Compensation coverage on any individuals considered as employees of University and instructors working at District pursuant to this Agreement at all times during the course of this Agreement. University shall provide certificates evidencing all coverage referred to in this Section within thirty (30) days of execution of this Agreement and thereafter, on an annual basis. If the coverage is on a claimsmade basis, University hereby agrees that not less than thirty (30) days prior to the effective date of termination of University s current insurance coverage or termination of this Agreement, University shall either purchase three (3) year tail coverage per claim or provide proof of continuous coverage in the above stated amounts for all claims arising out of incidents occurring prior to termination of University s current coverage or prior to termination of this Agreement, as applicable, and provide District a certificate of insurance evidencing such coverage. The University is permissibly self-insured through the State of California for automobile liability. The District shall maintain automobile liability, general liability, workers compensation and errors and omissions liability coverages for themselves and their respective employees. Errors or omissions liability coverage shall include coverage for negligence relating to alleged sexual misconduct and shall be on an occurrence basis. Automobile liability coverage must apply to owned, non-owned and hired automobiles. The required coverage may be provided by way of adequately documented individual or pooled selfinsurance. The District shall be named as an additional insured or covered party on the liability coverages maintained by the University, and such coverages shall be primary to any coverages maintained by the District. Limits of liability for each type of liability coverage shall be at least $1 million per claim per occurrence/ $2 million aggregate. District shall maintain workers compensation coverage applicable to its employees, including Paid Interns. INDEMNIFICATION University shall defend, indemnify and hold District and its officials, employees and agents, harmless from and against any and all liability, loss, expense, attorneys' fees, or claims for injury or damages arising out of the performance of this Agreement, but only in proportion to and to the extent such liability, loss, expense, attorneys' fees, or claims for injury or damages are caused by or result from the negligent or intentional acts or omissions of University, its officials, agents, or employees. District shall defend, indemnify and hold University, its officials, employees and agents, harmless from and against any and all liability, loss, expense, attorneys' fees, or claims for injury or damage arising out of the performance of this Agreement but only in proportion to and to the extent such liability, loss, expense, attorneys fees, or claims for injury or damages are caused by or result from the negligent or intentional acts or omissions of District, its officials, agents, or employees. (2/7/2018) page 4 of 5

5 ADDITIONAL PROVISIONS 1. Nothing contained in this Agreement shall be deemed or construed to create a joint venture, partnership, principal-agent or employment relationship between the parties and neither party shall have the authority to bind the other party for any purpose. 2. This Agreement and the rights and obligations of the parties shall be governed and construed by the laws of the State of California. Any lawsuit concerning or arising out of this Agreement shall venue in the county where the District is located. 3. This Agreement supersedes all prior and contemporaneous agreements and understandings between the parties, both oral and written, with respect to its subject matter and constitutes the complete agreement and understanding between the parties, unless modified in a writing executed by both parties. 4. In the event of a dispute between the parties arising from this Agreement, the parties agree to mediate the dispute before initiating litigation. The Parties agree that with regard to any dispute or claim related to this Agreement, prior to the initiation of a lawsuit or other legal action, they shall and must, in good faith, submit the claim or dispute to mediation with any mutually agreeable neutral. The costs of the neutral will be split equally between the Parties. The prevailing party shall be entitled to recovery from the losing party the prevailing party s reasonable expenses (attorney fees and costs) incurred in the lawsuit or legal action as allowed by law.. 5. If any provision of this Agreement is determined to be invalid or unenforceable, that provision shall be amended to achieve as nearly as possible the same effect as the original provision, and the remainder of this Agreement shall remain in full force and effect. 6. No delay or failure by either party to act in the event of a breach or default hereunder shall be construed as a waiver of that or any succeeding breach or a waiver of the provision itself. 7. This Agreement may be executed in any number of counterparts, each of which shall be an original as against any party whose signature appears and all of which together shall constitute one and the same instrument. (Name of School District) (address#, City, State) (Designated Agent/Print California State University, Chico 400 W. 1 st St. Chico, California Sara Rumiano, Director Procurement and Contract Services Signature: Date: Signature: Date: (2/7/2018) page 5 of 5